[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Proposed Rules]
[Pages 5152-5155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1903]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 93
[OJP No. 1014]
RIN 1121-AA26
Drug Courts
AGENCY: Department of Justice, Office of Justice Programs.
ACTION: Proposed rule.
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SUMMARY: This notice announces a proposed rule and requests comments on
the Drug Court Program as authorized by Title V of the Violent Crime
Control and Law Enforcement Act of 1994. This rule gives general
[[Page 5153]] guidance regarding the program and specifically
delineates the prohibition on participation by violent offenders.
Detailed program guidelines and application materials for the Fiscal
year 1995 Drug Court Program will be available in early 1995.
DATES: All comments must be received by February 27, 1995.
ADDRESSES: All comments should be addressed to Reginald L. Robinson,
Deputy Assistant Attorney General, Office of Justice Program, 633
Indiana Avenue NW., Washington, DC 20531.
FOR FURTHER INFORMATION CONTACT: The Department of Justice Response
Center at 1-800-421-6770 or (202) 307-1480.
SUPPLEMENTARY INFORMATION:
Overview of Title V-Drug Courts
Federal discretionary grants are being made available under the
Violent Crime Control and Law Enforcement Act of 1994, Title V, Public
Law 103-322, 108 Stat. 1796 (September 13, 1994), 42 U.S.C. 3796ii-
3796ii-8 [hereinafter the ``Act''] to states, units of local
government, Indian tribal governments, and state and local courts for
assistance with drug court programs. The Act gives the Attorney General
and, through statutory authority contained in the Omnibus Crime Control
and Safe Streets Act, an authorized designee (in this case the
Assistant Attorney General for the Office of Justice Programs), the
authority to make grants to the above mentioned entities for drug court
programs that involve continuing judicial supervision over non-violent
offenders with substance abuse problems and the integrated
administration of sanctions and services including: (1) mandatory
periodic testing for the use of controlled substances or other
addictive substances during any period of supervised release or
probation for each participant; (2) substance abuse treatment for each
participant; (3) diversion, probation, or other supervised release
involving the possibility of prosecution, confinement, or incarceration
based on noncompliance with program requirements or failure to show
satisfactory progress; and (4) programmatic, offender management, and
aftercare services such as relapse prevention, health care, education,
vocational training, job placement, housing placement, and child care
or other family support services for each participant requiring such
services.
Section 50001 of Title V of the Act requires that regulations be
issued to ensure exclusion of violent offenders from these funded
programs. This proposed rule responds to that requirement. To more
fully develop and define the grant program and to provide direction and
guidance to potential applicants, program guidelines will be issued
subsequent to the publication of this proposed rule. This Supplementary
Information section is intended, in part, to elicit comment on a broad
range of issues relevant to the development and implementation of those
program guidelines.
Statement of the Problem
More than half of all individuals brought into the criminal justice
system have substance abuse problems. Many of these individuals are
non-violent offenders who repeatedly cycle through the court,
corrections and probation systems without help to change their
behavior. The underlying problem of such non-violent substance abusing
offenders frustrates and inhibits judicial effectiveness. All too
often, the non-violent drug offender faces little certainty of
punishment and represents a long term recurring problem for both the
criminal justice system and society.
In too many cases, the criminal justice system fails to subject
non-violent, drug abusing offenders to intervention measures that
provide the mix of services and sanctions necessary to change their
behavior or, if necessary, coerce abstinence. Some courts and
prosecutors, however, have cost-effectively addressed the problem
through the use of treatment drug courts. Their results suggest that
``drug courts'' can significantly enhance the offender's opportunity to
break the cycle of substance abuse and crime. Those who are coming into
contact with the criminal justice system for the first time may be
particularly susceptible to effective early intervention.
Indeed, research and evaluation demonstrate that the ``drug court''
approach is effective in reducing both drug abuse and drug-related
crime. The Drug Court discretionary grant program of Title V seeks to
support the development of innovative measures that provide courts
additional resources to assure certainty of punishment for drug abusing
offenders through the integrated administration of services and
sanctions, including close supervision and coerced abstinence.
The Violent Crime Control and Law Enforcement Act of 1994
The Department of Justice (Department) recognizes that no single
model exists for an effective drug court. To the contrary, the
Department believes there may be a variety of valid approaches that
deal effectively with non-violent offenders with substance abuse
problems. Consequently, the Drug Court grant program will maintain
flexibility in providing funds to support the development of a variety
of initiatives that coordinate treatment and coerced abstinence.
The Department also recognizes the great diversity in the structure
and operation of state and local courts and criminal justice systems.
Hence, the Department is committed to a flexible approach that allows
jurisdictions to tailor local initiatives to best suit their needs and
local conditions. Program flexibility, however, is necessarily balanced
by statutory requirements concerning the design and administration of
the funded programs. Accordingly, Drug Court programs that receive
grant awards must:
Exclude violent offenders from program participation;
Include a long-term strategy and detailed implementation
plan;
Explain the applicant's inability to fund the program
adequately without federal assistance;
Use federal support to supplement, and not supplant,
State, Indian Tribal, and local sources of funding that would otherwise
be available;
Identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
Consult with all affected agencies and insure that there
will be appropriate coordination with all affected agencies in the
implementation of the program;
Certify that participating offenders will receive
continuing judicial supervision by one or more designated judges with
responsibility for the drug court program;
Specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of Federal
support; and
Describe the methodology that will be used in evaluating
the program.
Consistent with Congressional intent, program evaluation will be
crucial. Grant recipients will be required to cooperate with a national
evaluation team throughout their involvement with the program.
Recipients will also be required to provide for independent evaluation
of the impact and effectiveness of their funded programs. The following
issues will be especially important in determining whether programs
receiving grants under this initiative are effective: (1) Reduction in
recidivism rates of program participants, (2) maintenance of acceptable
substance abuse treatment completion rates among program participants,
(3) decreased drug use by program participants, and (4) maintenance of
a cost effective program [[Page 5154]] in relation to the overall
criminal justice system.
FY 1995 Drug Court Initiative
The Fiscal Year 1995 Department of Justice Appropriations Act,
Public Law 103-317, has allocated $29 million for the Drug Court grant
programs. Eligibility of applicants to receive grants will be based on
requirements of the statute and these regulations, as well as
assurances and certifications specified in detailed program guidelines
and application materials that will be available in early 1995 for the
Fiscal Year 1995 Drug Court initiative.
While detailed program guidelines will follow the publication of
this notice of proposed rulemaking, the Department has made some broad
programmatic decisions upon which it welcomes comment. Three types of
funding will be available under this program during Fiscal Year 1995.
First, planning funding will be available for those jurisdictions that
express interest in initiating a drug court, but have not engaged in
the comprehensive planning necessary to make such a program successful.
Second, jurisdictions currently operating drug court programs may seek
funding to expand, enhance, or augment these ongoing efforts. Finally,
for those jurisdictions that have engaged (or are currently engaged) in
a comprehensive drug court planning process, funding may be available
to implement the plans their efforts have produced.
Call for Comments Concerning the Drug Court Initiative
Substance abuse-related offender case management is primarily a
state and local issue; thus, the Drug Court grant program contemplates
collaboration between federal and state and local agencies. State and
local government officials were involved in Congressional hearings and
meetings that guided the development of this legislation and will
continue to be involved as the Department moves forward in developing
this regulation, establishing policy guidance, and implementing program
guidelines. At this time, comments are welcome regarding the basic
program design requirements described in Sec. 93.4 of the proposed
rule, and to the entire scope of the program.
Administrative Requirements
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. This
rule is not a ``significant regulatory action'' under Executive Order
12866, section 3(f), Regulatory Planning and Review, and, accordingly,
this rule has not been reviewed by the Office of Management and Budget.
The Assistant Attorney General for the Office of Justice Programs,
in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)),
has reviewed this regulation and, by approving it, certifies that this
regulation will not have a significant economic impact on a substantial
number of small entities.
List of Subjects
Grant Programs, Judicial Administration.
For the reasons set out in the preamble, Title 28, Chapter I, of
the Code of Federal Regulations is proposed to be amended by adding a
new Part 93 consisting of Subpart A as set forth below.
PART 93--PROVISIONS IMPLEMENTING THE VIOLENT CRIME CONTROL AND LAW
ENFORCEMENT ACT OF 1994
Subpart A--Drug Courts
Sec.
93.1 Purpose.
93.2 Statutory authority.
93.3 Definitions.
93.4 Grant authority.
93.5 Exclusion of violent offenders.
Subpart B--[Reserved]
Authority: 42 U.S.C. 3796ii-3796ii-8.
Subpart A--Drug Courts
Sec. 93.1 Purpose.
This part sets forth requirements and procedures to ensure that
grants to States, State courts, local courts, units of local
government, and Indian tribal governments, acting directly or through
agreements with other public or private entities, exclude violent
offenders from participation in programs authorized and funded under
this part.
Sec. 93.2 Statutory authority.
This program is authorized under the Violent Crime Control and Law
Enforcement Act of 1994, Title V, Public Law 103-322, 108 Stat. 1796
(September 13, 1994), 42 U.S.C. 3796ii-3796ii-8.
Sec. 93.3 Definitions.
(a) State has the same meaning as set forth in section 901(a)(2) of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended.
(b) Unit of Local Government has the same meaning as set forth in
section 901(a)(3) of the Omnibus Crime Control and Safe Streets Act of
1968, as amended.
(c) Assistant Attorney General means the Assistant Attorney General
for the Office of Justice Programs.
(d) Violent offender means a person who either--
(1) Is currently charged with or convicted of an offense during the
course of which:
(i) The person carried, possessed, or used a firearm or other
dangerous weapon; or
(ii) There occurred the use of force against the person of another;
or
(iii) There occurred the death of, or serious bodily injury to, any
person;
without regard to whether proof of any of the elements described herein
is required to convict; or
(2) Has previously been convicted of a felony crime of violence
involving the use or attempted use of force against a person with the
intent to cause death or serious bodily harm.
Sec. 93.4 Grant authority.
(a) The Assistant Attorney General may make grants to States, State
courts, local courts, units of local government, and Indian tribal
governments, acting directly or through agreements with other public or
private entities, for programs that involve:
(1) Continuing judicial supervision over offenders with substance
abuse problems who are not violent offenders, and
(2) The integrated administration of other sanctions and services,
which shall include--
(i) Mandatory periodic testing for the use of controlled substances
or other addictive substances during any period of supervised release
or probation for each participant;
(ii) Substance abuse treatment for each participant;
(iii) Diversion, probation, or other supervised release involving
the possibility of prosecution, confinement, or incarceration based on
noncompliance with program requirements or failure to show satisfactory
progress; and
(iv) Programmatic, offender management, and aftercare services such
as relapse prevention, health care, education, vocational training, job
placement, housing placement, and child care or other family support
services for each participant who requires such services.
(b) Applications for grants under this program shall be made at
such times and in such form as may be specified in guidelines or
notices published by the Assistant Attorney General. Applications will
be evaluated according to the statutory requirements of the Act and the
programmatic goals [[Page 5155]] specified in the applicable
guidelines. Grantees must comply with all statutory and program
requirements applicable to grants under this program.
Sec. 93.5 Exclusion of violent offenders.
(a) The Assistant Attorney General will ensure that grants to
States, State courts, local courts, units of local government, and
Indian tribal governments, acting directly or through agreements with
other public or private entities, exclude violent offenders from
programs authorized and funded under this part.
(b) No recipient of a grant made under the authority of this part
shall permit a violent offender to participate in any program receiving
funding pursuant to this part.
(c) Applicants must certify as part of the application process that
violent offenders will not participate in programs authorized and
funded under this part. The required certification shall be in such
form and contain such assurances as the Assistant Attorney General may
require to carry out the requirements of this part.
(d) If the Assistant Attorney General determines that one or more
violent offenders are participating in a program receiving funding
under this part, such funding shall be promptly suspended, pending the
termination of participation by those persons deemed ineligible to
participate under these regulations.
(e) The Assistant Attorney General may carry out or make
arrangements for evaluations and request information from programs that
receive support under this part to ensure that violent offenders are
excluded from participating in programs hereunder.
Subpart B--[Reserved]
Laurie Robinson,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. 95-1903 Filed 1-25-95; 8:45 am]
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